Getting back deposit from LA

Obukit

Hi,

We moved into a flat in September 2005 and paid £1,025 as a deposit, renewing the AST in Sept 2006 and 2007. Before we moved out the LA really started messing us around, gas boiler was condemned for producing CO by Transco but they just told us to open the windows as carbon monoxide was "normal" in a house with gas, washing machine left broken for over two months etc. etc. In all we were glad to be out!

The problem came when we tried to get our deposit back. The leccy meter was locked away in another tenants flat so we didn't have a chance to read it, the LA gave us a reading. When we gave this to the leccy company they told us it was incorrect (less than previous reading), so we went back to the LA and, after much arguing, gave us another figure.

We then sent off copies of the council tax, gas, leccy, etc. showing they'd all been paid but they refused point blank to accept the leccy one as they said it was different from their reading, despite them knowing they'd given us an incorrect reading in the first place. This has dragged on and on, with various phone calls between us, the LA and the electricity company and now, 10 months after moving out, the LA has told us it's our problem and if we can't produce a leccy bill with their figures on they won't refund the deposit, despite them knowing this is impossible!

Sorry for the essay, but can anyone advise us what we should do next? Could we persue it through court, or would it be a waste of time? The deposit wasn't protected by TDS despite us signing a new AST in Sept 2007, but the LA said this isn't required as the deposit was paid before deposit protection was required - is this correct?

Thank you all loads in advance for your help!

Fire_Fox

Sit in the agency office from 9am on the busiest day of the week until closing, complaining loudly until your deposit is returned.

theartfullodger

Do as Firefox says.

You say "Renewed AST.. 2007" so I assume that was after April 2007. If that was a new, signed, new-document AST which mentions the deposit then the deposit (which I guess was carried forward from Sept'05) MUST be in a deposit protection scheme. Or Landlord is liable to a fine (paid to tenant) of 3xdeposit.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

Mention this (3x fine) to Agent. Write (polite, calm) letter to Agent & Landlord also pointing out you are owed depsit and will take action through courts if it is not promtly repaid. See which renting/estate trade body he is a menber of (and be seen writing the name & addresses down..)

The LA (who/where is he??) sounds like a right dodgy a***ole. Of course he could be a wee honest gentleman just trying to earn a crust. Hmmm...


Cheers!

Lodger